Blacks Law Dict. 1st ed

1158

TENANT IN TAIL

TENANT

TENANT FROM YEAR TO YEAR, One who holds lands or tenements under the demise of another, where no certain term has been mentioned, but an annual rent has been reserved. See 1 Steph. Comm. 271; 4 Kent, Comm. Ill, 114. One who holds over, by consent given either expressly or constructively, after the determination of a lease for years. 4 Kent, Comm. 112. TENANT IN CAPITE. In feudal and old English law. Tenant in chief; one who held immediately under the king, in right of his crown and dignity. 2 Bl. Comm. 60. TENANT IN COMMON. Tenants in common are generally defined to be such as hold the same land together by several and distinct titles, but by unity of possession, because none knows his own severalty, and therefore they all occupy promiscuously. 2 Bl. Comm. 191. A tenancy in common is where two or more hold the same land, with interests ac cruing under different titles, or accruing under the same title, but at different periods, or conferred by words of limitation import ing that the grantees are to take in distinct shares. 1 Steph. Comm. 323. TENANT IN DOWER. This is where the husband of a woman is seised of an estate of inheritance and dies; in this case the wife shall have the third part of all the lands and tenements whereof he was seised at any time during the coverture, to hold to herself for life, as her dower. Co. Litt. 30; 2 Bl. Comm. 129. TENANT IN FEE-SIMPLE, (or TENANT IN FEE.) He who has lands, tenements, or hereditaments, to hold to him and his heirs forever, generally, absolutely, and simply; without mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law. 2 Bl. Comm. 104; Litt. § 1. TENANT IN SEVERALTY is he who holds lands and tenements in his own right only, without any other person being joined or connected with him in point of interest during his estate therein. 2 Bl. Comm. 179. TENANT IN TAIL. One whoholds an estate in fee-tail, that is, an estate which, by the instrument creating it, is limited to some particular heirs, exclusive of others; as to the heirs ot his body or to the heirs, male or female, of his body.

One who has actual possession of lands claimed in suit by another; the defendant in a real action. The correlative of "demand ant." 3 Bl. Comm. 180. Strictly speaking, a "tenant" is a person who holds land; but the term is also applied by analogy to personalty. Thus we speak of a person being tenant for life, or tenant

in common, of stock. Sweet. TENANT A VOLUNTE. tenant at will.

L. Fr. A

TENANT AT SUFFERANCE. One that comes into the possession of land by law ful title, but holds over by wrong, after the determination of his interest. 4 Kent, Comm. 116; 2 Bl. Comm. 150. TENANT AT WILL "is where, lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession. In this case the lessee is called 'tenant at will/ because he hath no certain nor sure estate, for the lessor may put him out at what time it pleaseth him." Litt. § 68; Sweet. TENANT BY COPY OF COURT ROLL (shortly, "tenant by copy") is the old-fashioned name for a copyholder. Litt. § 73. TENANT BY THE CURTESY. One who, on the death of his wife seised of an estate of inheritance, after having by her is sue born alive and capable of inheriting her estate, holds the lands and tenements for the term of his life. Co. Litt. 30a; 2 Bl. Comm. 126. TENANT BY THE MANNER. One who has a less estate than a fee in land which remains in the reversioner. He is so called because in avowries and other pleadings it is specially shownin what manner he is tenant of the land, in contradistinction to the veray tenant, who is called simply "tenant." Ham. N. P. 393. TENANT FOR LIFE. One who holds lands or tenements for the term of his own life, or for that of any other person, (in which case he la called "pur outer vie,") or for more lives than one. 2 Bl. Comm. 120. TENANT FOR YEARS. Onewhohas the temporary use and possession of lands or tenements not his own, by virtue of a lease or demise granted to him by the owner, for a determinate period of time, as for a year or a fixed number of years. 2 Bl. Comm. 140.

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